Mental Health and the Law

Mental health issues can be really tough to deal with. Having to manage symptoms while also trying to navigate the legal system only makes things harder. This article talks about some key laws and legal defenses related to mental health, and tries to take an empathetic tone. My goal is to educate and spread awareness!

Involuntary Commitment Laws

If someone is an imminent danger to themselves or others due to a mental illness, they may be involuntarily committed to a psychiatric hospital or treatment center^[1]. This means being hospitalized against their will. Criteria for involuntary commitment varies by state, but usually involves:

• Having a mental illness
• Being a danger to self or others
• Being unable to care for basic needs

While involuntary commitment can prevent self-harm or violence, it also means losing civil liberties. It’s a controversial practice with pros and cons to consider^[2].

The Insanity Defense

The insanity defense is when defendants argue they should not be held criminally responsible for breaking the law because mental illness prevented them from knowing right from wrong or controlling their actions^[3]. Requirements for the insanity defense vary by state. But in general, defendants need to prove:

• They have a severe mental illness or disability
• The mental illness caused the criminal behavior
• They were unable to understand their actions were wrong or control them

The insanity defense is controversial, but can help avoid unfair punishment for actions outside a person’s control. It’s rarely used successfully^[4].

Disability Discrimination Laws

Laws like the Americans with Disabilities Act (ADA) protect people with mental illnesses from discrimination in areas like employment, housing, and access to government programs and services^[5]. These laws require:

• Reasonable accommodations in workplaces
• Changes to policies/practices that discriminate
• Equal access to housing and services

Anti-discrimination laws help combat stigma and ensure fair treatment. But enforcement can be challenging^[6].

Privacy Laws

Health privacy laws like HIPAA protect the confidentiality of medical records, including mental health info. These laws give people rights to:

• Access their own medical records
• Request corrections to records
• Restrict access and sharing of records

Privacy protections aim to encourage treatment seeking. But there are exceptions when safety is at risk.

Red Flag Gun Laws

Some states have “red flag” laws to prevent gun violence. These let courts temporarily remove firearms from those deemed dangerous to themselves or others. Red flag laws are controversial, with debates around:

• Public safety vs. gun rights
• Due process for the accused
• The role of mental illness in gun violence

But evidence shows red flag laws help reduce suicides.

Assisted Outpatient Treatment Laws

Assisted outpatient treatment (AOT) laws allow court-ordered outpatient treatment for people with severe mental illness. AOT involves:

• A court order for community-based treatment
• Case management
• Medication compliance

AOT aims to improve outcomes and prevent hospitalization. But it’s a deprivation of liberties that remains controversial.

Mental Health Courts

Mental health courts provide supervised, community-based treatment instead of jail time for eligible defendants with mental illnesses. Goals include:

• Reducing criminal recidivism
• Improving access to mental health services
• Increasing public safety

Mental health courts promote rehabilitation over punishment. But critics argue they are too lenient.

The Bottom Line

Laws relating to mental health aim to balance different priorities – public safety, civil liberties, gun rights, discrimination protections, and more. There are good-faith debates around many of these policies. But a common goal should be advocating for the dignity, rights, and wellbeing of those with mental health challenges. Change starts with each of us choosing our words carefully, educating ourselves on the issues, and promoting empathy and understanding in our communities.

References

1. [Involuntary Commitment and the Mental Health Care System](https://www.ncbi.nlm.nih.gov/books/NBK53869/)
2. [The Controversy Around Involuntary Commitment Laws](https://www.treatmentadvocacycenter.org/fixing-the-system/features-and-news/2596-the-controversy-around-involuntary-commitment-laws)
3. [Understanding the Insanity Defense](https://www.americanbar.org/groups/public_education/resources/law_issues_for_consumers/insanitydefense/)
4. [Myths and Realities of the Insanity Defense](https://www.aafp.org/afp/2006/1015/p1487.html)
5. [A Guide to Disability Rights Laws](https://www.ada.gov/cguide.htm)
6. [Challenges to Employment Discrimination Laws](https://www.ncbi.nlm.nih.gov/pmc/articles/PMC4816256/)
7. [HIPAA Privacy Rule: A Guide for Providers](https://www.hhs.gov/hipaa/for-professionals/privacy/guidance/privacy-rule/index.html)
8. [HIPAA Privacy Rule: Sharing Mental Health Information](https://www.hhs.gov/hipaa/for-professionals/special-topics/mental-health/index.html)
9. [What Are Red Flag Laws?](https://psychiatry.org/patients-families/red-flag-laws-and-mental-illness-faq)
10. [The Debate Over Red Flag Laws](https://www.thetrace.org/2020/01/red-flag-laws-debate-mental-illness-due-process/)
11. [Do Red Flag Laws Help Prevent Gun Violence?](https://www.rand.org/research/gun-policy/analysis/red-flag-laws.html)
12. [Understanding Assisted Outpatient Treatment](https://www.treatmentadvocacycenter.org/component/content/article/183-in-a-crisis/1596-assisted-outpatient-treatment-laws)
13. [The Controversy Around Assisted Outpatient Treatment](https://www.treatmentadvocacycenter.org/fixing-the-system/features-and-news/2534-assisted-outpatient-treatment-controversy-continues)
14. [How Mental Health Courts Function](https://www.apa.org/monitor/mar01/jn)
15. [Criticisms of Mental Health Courts](https://ir.law.fsu.edu/articles/73/)